We the People

The Future of Birthright Citizenship

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On May 15, the Supreme Court will hear oral arguments in a case challenging the constitutionality of President Trump’s executive order which seeks to end birthright citizenship for the children of undocumented immigrants. Legal scholars Gabriel Chin of the University of California, Davis School of Law; Amanda Frost of the University of Virginia School of Law; Kurt Lash of the University of Richmond School of Law; and Ilan Wurman of the University of Minnesota Law School join Jeffrey Rosen to debate the scope of the citizenship clause of the Fourteenth Amendment.  


Resources
  • Gabriel J. Chin and Paul Finkelman, “Birthright Citizenship, Slave Trade Legislation, and the Origins of Federal Immigration Regulation,” UC Davis Law Review (April 8, 2021) 
  • Ilan Wurman, “Jurisdiction and Citizenship,” Minnesota Legal Studies Research Paper No.25-27 (April 14, 2025) 
  • Amanda Frost, “The Coming Assault on Birthright Citizenship,” The Atlantic (Jan. 7 2025) 
  • Kurt Lash, “Prima Facie Citizenship: Birth, Allegiance and the Fourteenth Amendment's Citizenship Clause,” SSRN (Feb. 22, 2025) 
  • Amanda Frost, Testimony Before the Subcommittee on the Constitution and Limited Government, U.S. House of Representatives (Feb. 25, 2025) 



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      We the PeopleBy National Constitution Center